27-Amend Article V Chapter 21-Noise Ordinance

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control, any stationary sources of sound that create a tenth percentile level (Llo) or a 90th percentile sound level (L go) that exceeds the limits set forth in the following table for the receiving land use districts when measured five feet above the property boundary. For the purpose of this article, a measurement period shall not be less than ten minutes nor more than 60 minutes. LIMITING SOUND LEVELS IN dBa (Lio) (L�) Residential 7:00 a.m. -10:00 p.m. 65 55 10:00 p.m. -7:00 a.m. 60 50 Sunday: 7:00 a.m. -9:00 a.m. 60 50 Commercial /agr icultural 7:00 a.m. -10:00 p.m. 72 62 10:00 p.m. -7:00 a.m. 67 57 Industrial 7:00 a.m. -10:00 p.m. 85 75 10:00 p.m. -7:00 a.m. 85 75 "(b) It shall also be an offense for any person to operate or permit to be operated, on property he or she owns, occupies or otherwise has the right to control, if the noise standards above plus 20 decibels are exceeded at any time in a measurement period. When a noise source can be identified and its noise measured in more than one land use category, the limits of the most restrictive use shall apply at the boundary and within the most restrictive land use category. "(c) It shall also be an offense for any person to create any unreasonably loud, irritating, vexing or disturbing sound which causes distress, annoyance, discomfort or injury to or which interferes with the comfort or repose of any person of ordinary sensibilities in the vicinity of hearing thereof, or any sound which endangers the physical wellbeing of humans or animals, or any sound which endangers or injures persons or real property. For the purposes of this subsection, any noise which exceeds the limitations set forth in Section 21 -103 (a) and (b) is presumed to be unreasonable. "(d) It shall be an offense for any person to use or cause to be used or to permit to be used or operated, on property he or she owns, occupies or otherwise has the right to control, any device that creates vibration which is above the perception threshold of any individual at or beyond the property boundary of the source if on private property, or at 50 feet from the source if on a public space or right -of -way, or that is perceptible within a business or residence the person causing or allowing the vibration has no right to occupy. For the purposes of this subsection, any noise which exceeds the limitations set forth in Section 21 -103 (a) and (b) is presumed to be unreasonable.